- 1 - NC: 2025:KHC-D:3199 WP No. 101036 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 17TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO.101036 OF 2025 (GM-EC) BETWEEN: 1. BASAVARAJ S/O. MUKAPPA KOMARSHETTI, AGE: 44 YEARS, OCC: BUSINESSMEN, R/O: BANDRI VILLAGE, TQ: HARAPANAHALLI, AND DIST: VIJAYANGAR – 591 222. 2. SANNIRAPPA S/O. YAMUNAPPA, AGE: 46 YEARS, OCC: BUSINESS, R/O: HAMPASAGAR, TQ: HAGARIBOMMANAHALLI DIST: VIJAYANAGAR – 591 222. 3. ANAND S/O. MARIYAPPA, AGE: 23 YEARS, OCC: DRIVER, R/O: HAMPASAGAR, TQ: HAGARIBOMMANAHALLI DIST: VIJAYANAGAR – 591 222. 4. MALAPPA HANUMANT YARIJARI S/O. HANUMANTH, AGE: 25 YEARS, OCC: BUSINESS, R/O: AMARGOLA VILLAGE, TQ: MUDDEBIHAL, DIST: VIJAYAPUR 586 101. 5. MALLAPPA REVUTAPPA BATAKURKI S/O. RAVUTAPPA, AGE: 20 YEARS, OCC: CLEANER, VISHAL NINGAPPA PATTIHAL Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka Dharwad Bench Date: 2025.02.19 10:32:32 +0530 - 2 - NC: 2025:KHC-D:3199 WP No. 101036 of 2025 R/O: KUNCHAGANUR VILLAGE, TQ: MUDDEBIHAL, DIST: VIJAYAPUR – 586 101. 6. BANDRI NAGARAJA. AGE 39 YEARS, OCC. BUSINESS R/O: BANDRI VILALGE, TQ: HARAPANAHALLI, DIST: VIJAYANAGAR – 591 222. …PETITIONERS (BY SRI MANOJ N. BIKKANNAVAR, ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER, VIJAYANAGAR DISTRICT, VIJAYANGAR – 591 222. 2. FOOD INSPECOTR, KUDLIGI, TALUK OFFICE, KUDLIGI, VIJAYANGAR – 591 222. 3. POLICE SUB INSPECTOR, HOSALLI STATION, HOSALLI – 583 131. …RESPONDENTS (BY SRI SHARAD V. MAGADUM, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUE A WRIT OF CERTIORARI QUASHING THE ORDER DATED 25-07-2024 BEARING NO. AA NA SA/EC- PRAKARNA/ 02/ 2023-24 PASSED BY 1ST RESPONDENT I.E. DEPUTY COMMISSIONER VIJAYANAGAR PRODUCED AT ANNEXURE-E IN THE INTEREST OF JUSTICE AND EQUITY. ISSUE A WRIT OF MANDAMUS DIRECTING THE 1ST RESPONDENT AUTHORITY TO PAY THE AMOUNT EQUIVALENT OF THE AUCTIONED GOODS IN THE INTEREST OF JUSTICE AND EQUITY AND ETC., THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2025:KHC-D:3199 WP No. 101036 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) 1. The petitioners are before this Court calling in questions an order of the first respondent – the Deputy Commissioner, dated 25.07.2024, which declines the claim of the petitioners for the amount payable of the auctioned goods. 2. Heard the learned counsel Shri Manoj N.Bikkannavar appearing for the petitioners and the learned AGA Shri Sharad V.Magadum appearing for the respondents. 3. The fats in brief germane are as follows: On 21.01.2023 a crime comes to be registered against the petitioners in Crime No.13 of 2023 for offences punishable under Sections 3 and 7 of the Essential Commodities Act. The result was seizure of the vehicle and goods in the vehicle. The petitioners aggrieved by the initiation of proceedings for offences as afore quoted - 4 - NC: 2025:KHC-D:3199 WP No. 101036 of 2025 knocks at the doors of this Court in Criminal Petition No.101123 of 2023 and the said petition comes to be allowed at the FIR is quashed by the order dated 18th May 2023. 4. By the said time, they Deputy Commissioner had auctioned the goods on the score that it was a perishable commodity. Therefore, the petitioner in the light of the quashment of the crime against him becomes entitled for the auctioned amount in terms of law. The law would be sub-section (3) of Section 6 of the Essential Commodities Act and in terms of sub-section (3) of Section 6 of the Essential Commodities Act, a person against whom the criminal cases registered for offences punishable under Sections 3 and 7 of the Act gets acquitted of the offences is entitled to the amount received by the State auctioning the property of the petitioners, the property would be the seized goods of the petitioners. The proceedings against the petitioners has not stood quashed. - 5 - NC: 2025:KHC-D:3199 WP No. 101036 of 2025 5. In that light, the petitioners become entitled to the amount that the State has received from auctioning the goods of the petitioners. The amount so at the hands of the State shall be paid to the petitioners without broking any delay at any rate within a period of four weeks from the date of the receipt of a copy of this order. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE VNP/CT-ASC List No.: 1 Sl No.: 94